The veteran's claims for service connection for a bilateral elbow disability, bilateral knee disability and back disability are reopened. The claims for service connection for a right thumb disability and a burn scar of the right posterior shoulder are not reopened.
The deciding factor: New evidence was submitted that provides a current diagnosis of a bilateral elbow disability, bilateral knee disability and back disability, which were unestablished facts in the previous denials. However, there is no new evidence showing a current disability for the right thumb or burn scar on the right posterior shoulder.
- Claimed conditions
- left foot injury, bilateral elbow disability, bilateral knee disability, back disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2008
- Citation
- 0816760
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
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